Collecting rainwater is not illegal in Utah. Under Utah Code 73-3-1.5, you can capture up to 200 gallons in two covered containers without any paperwork, or up to 2,500 gallons after a free registration with the Utah Division of Water Rights. Storage beyond 2,500 gallons crosses into Utah’s water appropriation system and requires a formal water right.1Utah Legislature. Utah Code 73-3-1.5 – Capture and Storage of Precipitation
The 200-Gallon Rule Without Registration
The easiest way to stay legal is to keep your system small. Utah lets you collect precipitation in up to two covered containers, with a 100-gallon cap on each. That is a 200-gallon ceiling total, and you do not have to notify anyone.1Utah Legislature. Utah Code 73-3-1.5 – Capture and Storage of Precipitation
Both containers have to be covered. The statute uses the phrase “covered storage containers,” so an open barrel under a downspout does not fit within the exemption.
The rule is not limited to homeowners. Anyone who owns or leases the property can collect within these limits, so renters can set up a system with their landlord’s permission.1Utah Legislature. Utah Code 73-3-1.5 – Capture and Storage of Precipitation
Registering to Collect Up to 2,500 Gallons
Want more than 200 gallons, or more than two containers? Register with the Utah Division of Water Rights. Once registered, you can store up to 2,500 gallons total, across one or more containers, on a single parcel.1Utah Legislature. Utah Code 73-3-1.5 – Capture and Storage of Precipitation
Registered systems carry one extra requirement: containers must be installed in accordance with the State Construction Code or an approved code under Title 15A. That means tanks have to meet building standards for structural safety and proper installation.
The registration form asks for your name, phone number, the address where you will be harvesting rainwater, and the total storage capacity of your system. There is no filing fee.2Utah Division of Water Rights. Rainwater Harvesting Registration It is a notification, not an application that gets approved or denied.
Registration is not a water right. The statute is explicit: your right to use collected rainwater cannot be transferred to another person, cannot be consolidated with an existing water right, and cannot be changed through the state’s water right change process.1Utah Legislature. Utah Code 73-3-1.5 – Capture and Storage of Precipitation
How You Are Allowed to Use the Water
The statute requires that collected rainwater be put to beneficial use on the same parcel where it was captured and stored. You cannot pipe it to a different property or share it with someone for use elsewhere.1Utah Legislature. Utah Code 73-3-1.5 – Capture and Storage of Precipitation
The law does not restrict use to non-potable purposes. It uses the phrase “beneficial use” without narrowing it to irrigation. Health considerations are a separate matter: rooftop runoff collects bacteria, bird droppings, dust, and residues from roofing materials, so filtration and disinfection matter for any use beyond outdoor watering.
Beyond 2,500 Gallons
Utah follows the prior appropriation doctrine. All water in the state is public property, and any use beyond the rainwater exemption requires a formal water right. To store more than 2,500 gallons, you would apply to the state engineer for an appropriation under the standard water rights process, which involves an application, fees, and a showing that unappropriated water is available and that your use will not interfere with existing rights.1Utah Legislature. Utah Code 73-3-1.5 – Capture and Storage of Precipitation
Penalties for Collecting Outside the Limits
Collecting beyond what the law allows without a water right falls under Utah’s criminal penalties for water offenses. The baseline violation is a class B misdemeanor. The charge rises to a class A misdemeanor if the value of the water diverted reaches $2,500 or more, or if you have a prior conviction for the same offense. It becomes a third-degree felony when both conditions apply: water value of $2,500 or more and a prior conviction.3Utah Legislature. Utah Code 73-2-27 – Criminal Penalties
HOA Rules Can Still Restrict You
State law lets you collect, but your homeowners association may not. Some HOAs restrict or ban rain barrels on aesthetic, pest, or structural grounds. Utah does not appear to have a statute that overrides HOA authority on rainwater harvesting, so CC&Rs can effectively block a visible system even where state law permits it. Check your governing documents before you install anything, and if the HOA has restrictions, work with the board on placement or screening that satisfies its guidelines while keeping you within the state limits.